Mathews v. Becerra (Cal. 2019)
California Supreme Court Opinion holding that a lawsuit brought by therapists challenging a state law that mandated reporting to authorities whenever a client disclosed viewing illegal images to them stated a cognizable privacy claim under the California state constitution.
McClernon v. State (Ind. Ct. App. 2019)
Indiana Court of Appeals finding that a statute that requires people compelled to register to submit information on vehicles they operate “on a regular basis” was not void for vagueness.
State v. Jackson (Wis. Ct. App. 2019)
Wisconsin Court of Appeals opinion finding that state statute that required disclosure of internet identifiers was not facially unconstitutional under the First Amendment.
Does v. Abbott et al (5th Cir. 2019)
5th Circuit Court of Appeals opinion affirming the dismissal of constitutional challenge to Texas’ sex offense registration scheme for failure to state a claim on Due Process, Ex Post Facto, 8th Amendment, and Double Jeopardy grounds.
United States v. Kosier (D. N.M. 2019)
District Court for New Mexico opinion finding that, in the context of a federal sentencing for a non-sex offense, the government could not impose sex offender conditions of release on the Defendant where the offense of instant conviction was not a sex offense and his only sex offense was more than ten years old.
Doe v. Connors (HI 2019)
Hawaii Supreme Court reversing an administrative finding that Petitioner’s out-of-state offense would qualify for registration, where the record was unclear as to whether the elements of Petitioner’s offense would satisfy Hawaii statutory requirements.
United State v. Helton (4th Cir. 2019)
4th Circuit Court of Appeals holding that a violation of South Carolina’s voyeurism statute constitutes a “sex offense” for the purposes of federal SORNA.
Fazili v. Commonwealth (Va. Ct. App. 2019)
Virginia Court of Appeals reversing trial court’s imposition of general internet usage restriction as a condition of probation without articulating why such a condition would be narrowly tailored.
Drobec v. Evans (Mn. Dist. Ct. Ramsey County 2019)
Minnesota state district court finding that retroactive application of state’s predatory offender statute violated the presumption against the retroactive application of laws.
State v. Hoyle (W.Va. 2019)
West Virginia Supreme Court of Appeals opinion finding that state registration scheme was not vague, that a 10-25 year sentence for failing to provide a correct phone number pursuant to that scheme was not disproportionate, but that a recidivist life sentence enhancement did violate the 8th Amendment.
Frederickson v. Landeros (7th Cir. 2019)
7th Circuit Court of Appeals opinion affirming the denial of qualified immunity in the case of a police officer who refused to transfer the registration of someone required to register as a sex offender–effectively foreclosing his ability to relocate–on an Equal Protection theory.
People v. Morger (Ill. 2019)
Illinois Supreme Court opinion finding that, as a condition of supervision, a total ban from access to social media websites violates the First Amendment.
People v. Buyund (N.Y. App. Div. 2nd 2019)
New York Supreme Court opinion vacating a requirement that an individual convicted of sexually motivated first-degree burglary be required to register, as registration was not mandated under New York’s statutory scheme.
Jackson v. United States (11th Cir. 2019)
11th Circuit Court of Appeals finding no ineffective assistance of counsel where, despite advice that plea agreement would not require registration as a sex offender, counsel could not have anticipated subsequent changes in the law.
Steinman v. Blocker (Pa. Commw. Ct. 2019)
Pennsylvania Commonwealth Court declaring that registration requirements enacted in response to prior PA Supreme Court decision violated Ex Post Facto clause.
United States v. Doby (D. Kan. 2019)
Federal District Court for the District of Kansas rejecting defendant’s pre-trial argument that federal SORNA constitutes compelled speech in the context of a failure to register indictment.
Maldonado v. Mattingly (W.D.N.Y. 2019)
Federal District Court for the Western District of New York denying summary judgment to state parole defendants over allegations that certain conditions of supervision relating to contact with Plaintiff’s children and ability to attend church services violated his constitutional rights.
Lozier v. State (Miss. 2019)
Mississippi Supreme Court opinion affirming the trial court’s denial of a petition to deregister under Mississippi state law, where the Appellant had not yet met the state statutory criteria for termination of his duty to register, and where the Full Faith and Credit clause did not mandate that Mississippi honor Massachusetts’ determination that the Appellant no longer had to register in Massachusetts.
United States v. Dailey (9th Cir. 2019)
9th Circuit Court of Appeals dismissing as waived arguments that the district court’s determination that a defendant who pled guilty to a Travel Act violation must register as a sex offender, where the plea agreement contained an appellate waiver and the sentence was not otherwise illegal.
In re Ma.H., et al. (Ind. 2019)
Indiana Supreme Court opinion affirming the termination of parental rights over a claim that the trial court’s requirement that the father complete a sex offender treatment program violated his Fifth Amendment rights.
Commonwealth v. Haines (Pa. Super. 2019)
Pennsylvania Superior Court opinion holding that requiring sex offense registration for individual who committed sexual offenses as a juvenile, but was not convicted until reaching adulthood, was unconstitutional.
Reed v. Long (M.D. Ga. 2019)
Federal trial court issuing a preliminary injunction prohibiting Georgia sherriff from placing signs in the front of homes of people required to register as sex offenders on Halloween.
Commonwealth v. Moore (Pa. Super. 2019)
Pennsylvania Superior Court opinion holding that internet dissemination of sex offender registration information is punitive in effect, and thus retroactive application violates the federal Ex Post Facto clause.
Commonwealth v. Vieira (Mass. 2019)
Massachusetts Supreme Judicial Court opinion affirming the denial of state’s request for mandatory pretrial detention of defendant who had been charged with statutory rape offense.
State ex rel A.N. (La. 2019)
Louisiana Supreme Court opinion declining, on procedural grounds, to address argument that juvenile sex offense registration violates 8th Amendment.
Bohn v. Cook (D. Conn. 2019)
District Court for Connecticut declining to dismiss a prisoner’s § 1983 suit alleging violations of Procedural Due Process, where he was assigned a sex offender risk score without a hearing, and was not incarcerated for a sex offense.
Demus v. State (Fla. Dist. Ct. App. 2019)
Florida District Court of Appeal reversing conviction for failure to register as a sex offender on the grounds that state prosecutors never established elements of the offense.
State v. Straw (Ind. Ct. App. 2019)
Indiana Court of Appeals reversing trial court ordering Appellant to register as a sex offender when the Indiana legislature had not specified his crime as one which carries registration as a possible consequence.
Clark v. Oklahoma (10th Cir. 2019)
10th Circuit Court of Appeals denying COA on the argument that registration constitutes custody for habeas corpus purposes.
Wiggins v. United States (S.D. Ind. 2019)
Federal trial court dismissing request to reduce registration time under federal SORNA on the basis that the court lacks subject matter jurisdiction, and that the federal statute does not create a private right of action.